I am done! And I'm not done-in! Not yet anyway Right, a summary. I tried negotiating with MBNA. I already had done once, last week. From my 15k card - now grown to 16k with court fees etc, they initially came in with a settlment offer of 13k. I went back with 8k, stressing this was the absolute most I could raise from my family. This was rejected. I was told that the very least they would accept was just over 9.5k. I had a fully detailed letter of offer through the post, via Restons, outlining it would be a full and final with NO further action by them or third parties. I have accepted this offer (thanks to my family). Today, after a HUGE amount of stress for my family to raise the funds, the account has been settled. My points on this - MBNA are terrible. NO ONE should EVER get a card from MBNA. In my case it was a VIRGIN card, not realising they are owned by the dreaded crooks of the credit card world. I have sent a letter to them (a very nice letter actually) outlining the situation and questioning their default/claim after they had agreed to reduced payments and questioning their way of dealing with matters. I had a standardized letter from the Vice President (Gail Powell) at MBNA today saying my 'complaint' was being investigated. RESTONS - it is pot luck, totally depending on who you get as a solicitor. I was lucky. I seemed to get a young man who is not yet fully corrupted to the Restons way. He talked me through things in a professional yet actually quite friendly manner. I wanted to dislike him, purely because he was doing MBNA's dirty work, but I did not find him to be a nasty person. Even his letters were civil. I thank the skies that I did not get the dreaded Miss Tipping. The solicitor I had to deal with, lets call him Mr.C, was even helpful. I highly recommend to him that he finds a better job with a better company. Am I a coward for taking the settlement? Perhaps. But I know my limits. My biggest problem in life is my inability to speak publicly. I either stammer or can say nothing (that's the worst, when my mouth freezes up). So, I had to recognize that I would not be any good in a court case, especially not one where I had the additional stress of having to stand up for myself. The chances would be quite high that no words at all would leave my mouth!! Hmm, not good. So, today I am having a quite 5 minutes of sort-of celebration. And... I have re-enroled in my law studies (business law). Next time (hopefully there will never be a next time) I will be more equipped. Plus, I am going to use the knowledge, as I learn it, to help others where I can; not as a business, just here on forums like this. This has changed me. Stangely enough, for the better. I see the world differently now and I don't like the 'system' at all. I have re-learnt an appreciation of good people. I will be keeping tabs on everyone - especially you wycombe, who have been a HUGE help and friendly support. And to dizzy and cosalt and snooper and all who read the threads on this forum. thank you guys - big cyber-hug. I'VE SETTLED. No court for me! I can breathe again! Wey-hey :)

Hi eatcake, Been subbing to your thread (have my own case going here) and just wanted to say that I'm very sorry it didn't work out for you yesterday. Sending best wishes kitty x

Well, with the help from my family, I've made the decision to take MBNA's settlement offer. I guess I'm lucky that my family is willing to scrape together all they can (they are not wealthy at all) to help me. As much as I believe that the way MBNA operate is terrible, bordering on crooked, I know my personal limits. I am not good at things like arguing my case. Stress makes my brain stop functioning. I hope that no one here thinks that I'm being a coward in not fighting my corner and taking this all the way. I'm trying to be sensible, knowing my situation and limits. I am actually VERY VERY happy with the thought that I don't have to go to court. Phewie. Slept like a log last night; first time in ages. It's not over yet. I've still got to get the settlements funds to MBNA. I'll keep this post with progress until its concluded. With a quiet cheer - nearly done Kitty x

Hi DizzyD, I'm subbing your thread. This is just to wish you good luck. We're in the same boat and at the same time. Someone with more experience will get back to you re the CPR request. They are obliged to fulfil your request. This is their way of trying to throw you. I have heard that Miss Tipping is, umm, awkward at best. Keep that letter; shows they are not co-operating. Can someone advise Dizzy on her response to the 'delightful' Miss Tipping please? Good luck hun. Kitty x

Hi wycombe They have given me to the end of this month (May), in order to give them time to stop the case. I thought that 60% was not too bad. Or maybe that's just me - I'd probably give a kidney to get rid odf the stress of this particular credit card company. I cannot believe that Virgin allowed their otherwise reputable brand name to be used by a company that are so borderline dodgy. My goodness, all of us who have been stung by MBNA should post info where-ever we can on the internet. People should know how terrible they are!

OK, back, alive and kicking and in one piece. Had a stress overload at the early part of this week and have grappled my life back into some sort of order. Newbies like me do take note; stress is a mind killer. If you're in a difficult situation, do everything you can to keep the stress levels managable. Having sent letters to Restons solicitors and several names/departments at MBNA requesting WHAT I could do to rectify matters. I now have a reply. MBNA have said that two options are possible: 1. Agree to increase repayments. the minimum monthly is 3% of the balance. 3% doesn't sound much, but on 15k (16k with all the costs now added) it's nearly £500 a month. I'm not at all tempted by this one. Mainly because there is nothing to stop them going ahead with the court claim and even if they do stop this particular claim, they could start another at any time. I would be at stage one all over again. Option 2. Was a full and final settlement. The very best they have offered is 60%. I got the letter through today to outline this offer and they have specified that this would clear the balance and be full settlement and the account would be closed with no further action by them or any other third party. Now I do not have the funds for a full and final settlement at 60%. But, my family have come to the rescue and have said they would help. Does anyone know if there is anything particular to look out for with this? The offer letter is quite straightforward and does state it would be a full settlement, that my account would be marked as closed with a '0.00' balance, that no further action would be taken by them, or any third party, and that the court case would be stopped.

Thank you everyone for your wonderful words; they help to keep me strong rather than falling down at this difficult time. Thank you x Right, please could I ask for advice... Today I have received, from Restons, two letters. One is my letter CPR 31.14 to them, returned back to me. And the other is my s.77/78 request, which has also been returned back to me. Each one has an attached letter from Restons saying: "Please find enclosed a draft letter which purports to come from you but which is unsigned" and "Please ensure that all documentation is signed failing which we will not acknowledge receipt nor provide any response." They have also returned the £1 postal order that accompanied the s.77/78 request. I did not sign my original letters, as recommended here, but instead put my name in cursive type. What shall I do? Shall I send the requests back off again? Was I wrong not to sign them? Please could anyone advise.

Well, it's the beginning of week 2 now. Having already sent off the first batch of requests, I'm now filling my brain with as much info as possible to look at ALL options and proceedures. A little bit of me thinks that because I have been attending to my funds properly (no missed payments, notice and request in advance to go on reduced payments etc etc) and even so, only 6 months later I am being taken to court by MBNA (after they had agreed to reduced payments and I have made them promptly every month) if this keeps on I may as well consider bankruptcy. I am currently researching this on this forum and the govt websites. I am still stressed about this, but I now have clarity and can think straight once again. Thank goodness! I will be bullied NO MORE. I have put my big boots on! Thanks Miss Muppet - have been trawling the forum. You're right; it's a wealth of information And wycombe - you're a star. Thank you so much for all your kind words, advice and encouragement. It's made a huge difference.

Well it's Friday evening and the first week is coming to a close. I've sent off all the relevant requests and forms. Plus I have written to both MBNA and the solicitors, stating that I would prefer the matter not to go to court and could they let me know what they would consider acceptable as a repayment/s in order to stop the claim. I'm shattered. I feel like an idiot. Payplan have been good in many respects, but with regards to this they've contunued to say 'don't worry, it won't get that far' and they will just do this or that, and now it has gone that far. Hence I am now doing it myself. I now know that I should have done it myself from day one. How I wish my grandfather, a barrister, were still around - he'd give them all some sauce!!! I printed off all the info sheets available from the court explaining court proceedings. Have waded through a good few so far. Highly recommended for any other newbies like me. Signing off for the night as working two jobs and really have to try and sleep. A million thanks to all who are helping - you've made all the difference. Thank you.

SAR done now too, to MBNA, ready to post as soon as I get the £10 PO tomorrow morning. I just wanted to say a HUGE thank you to everyone here so far. The advice and kind words are like a star on a dark night. My stress levels are still mahoosive, but I think that now I've found you guys I can retain enough focus to move ahead. Thank you. Kitty x

Right, CCA request done and ready to post tomorrow, with the £1 postal order. Just in case anyone reads this thread in the future, here is a copy of the template I used (thanx supersnooper ) Ask your creditor for a copy of your credit agreement under the Consumer Credit Act 1974 1 High Street, Newtown, Kent R21 4RH June 28, 2006 The Loan Company Company House, Church Street, Newtown, Kent, R1 7HG Dear Sir/Madam Re:− Account/Reference Number 4563210025897412 This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply. If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee. We look forward to hearing from you. Yours faithfully Mr A N Other

A question please, and I have tried searching threads before asking... Do I need to send a CCA request too? My head is spinning with all of this. Some threads show they do, and some show no sign of one. My brain is turning to sludge.

Thank you supasnooper Appreciated And apologies at being such a newbie to this. I understand that section a bit better now. No CPR 18 unless specific questions need to be asked. I'll continue reading up to get more familiar with what, when and why.

Yes, let them do some work too. That actually made me smile! First smile all day - thank you!

A quick question... anyone. When I send my SAR, do I mark it for the attention of any specific department or person at MBNA (the claimant)? thank you guys! kitty x

Thank you wycombe - your wise words are really appreciated and I hope your own case is going well. Our cases are very similar. CPR 31.14 posted today Just in from work and getting together my next lot of paper requests to go off tomorrow. I need to see why/how the card's balance amount on the claim form is higher than the figures myself and Payplan have, even though I've been making payments on zero interest. Tried to see the relevant account online, but have been blocked. Tonight I shall tackle getting together the SAR request and the CPR 18 to post tomorrow. At the mo I'm just trying to gather info to see exactly what's gone on. It's very time-consuming. Last night I dreamt about this all night. If anyone has any 'secret' ways of being able to segregate such things in ones mind - do tell!

The above is my CPR 31.14. If anyone has any comments or changes that they think should be made, I'd appreciate the help. Do I need to give a specified date that I should receive a response by? Thanks guys!

From (Put address) To (Put address) Date: (Put date) Re: In the (Put County Court) Claimant (Put claimants name) -v- (Put defendants name) Claim Number: (Put claim number) CPR 31.14 Request On (Put date claim received) I received the Claim Form in this case issued by you out of the (Put court name) County Court. I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim. Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following document(s) mentioned in your Particulars of Claim: 1. The agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached. 2. A full statement of account - itemising all & charges from the commencement of the alleged agreement to date. 3. The termination notice. (Put 4. The default notice, if you dont already have it) You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the documents' authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case. Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party. In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request. If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence. If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing. Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order. I do hope this will not be necessary and look forward to hearing from you. Yours truly,

Right, as I am in this as a complete newbie, I am going to post EVERYthing I do, in the order that I do it, just in case it helps anyone else out there. 1. This morning I filed my Acknowledgement to the court, online, stating that I intended to defnd my claim. 2. Now I have drafted the CPR 31.14, which I will send, by first class recorded post tomorrow, to the Solicitors (Restons) on the claim form. Below (next post) is a copy of my CPR 31.14, less personal details.

Thank you cosalt A quick question... I have just put together my CPR 31.14 - I am dating it today, do I need to put on this a date that Restons must respond by? Sorry for another basic question - I've trawled through loads of threads to try and find this, but can't see it anywhere.

cosalt and wycombe, thank you. You replies are hugely appreciated. Regarding the Default Notice, although I do not have the envelope, I do clearly remember recieving it on the 13th March, even though it was dated the 8th. If it's dated the 8th and the reply date is stated as 'by 25th March' is that definitely outside the 14 days required? I am now spending the evening sorting out forms to send (CPR 31.14, SAR, and CPR 18 ) Can anyone tell me if there is anything else that I can do at this time, or is this then the first step? Thank you guys - and thank you too for the reminder to concentrate on work when at work. I am making the decision to keep this whole mess seperate from the rest of my life as best as I can - the reminder was appreciated.

I just wanted to say good luck with your case wycombe

Hi wycombe Oo, oo, you may have spotted somthing!!!! I have just checked the court claim form and they are claiming the WHOLE balance amount of the credit card, not just the smaller amount that is on arrears on the default notice. Is this significant?? Please tell me that we may have found something?!? The full balance is 15k, the arrears is £2k. The claim form shows they are claiming 15k. PS - have just logged on from work - really must work - but will look forward to any thought you may have on this. Kitty

Thank you wycombe. Your words and help are hugely appreciated. Right, I shall now research and get together the CPR 31.14, the Subject Access Request, and the CPR 18. I have to get to work now (frustratingly, as my mind is on this alone), but will do these as soon as I get in tonight. This is going to be a huge learning curve. But, I think that with the support of this forum and you guys, I will get through this! I will! thank you, from a still stressed, but not so bad kitty x

I have just done my acknowledgement online, and have said that I intend to defend all. It made my stomach churn, but its done. I've searched high and low for the envelope the DN came in - I'm afraid it's been recycled. So I have no idea whether it was posted 1st or 2nd class. The arrears that they are asking for look about right. What discrepancies am I looking for? Sorry to ask basic questions.